Laneway closures
Council considers a range of factors in closing a right of way, commonly known as laneways.
Factors that Council considers include:
- access to streets and facilities in the neighbourhood,
- drainage requirements,
- use of pedestrians and cyclists,
- open space issues, and
- future development opportunities that may change the access level of a right of way.
Process for laneway closures
If you wish to purchase a right of way abutting your property, the use of the laneway firstly needs to be determined. If it is currently used by cars, cyclists or pedestrians or if it is constructed with bluestone or concrete, Council will not close the laneway. If this is not the case, then an application can be made to Council.Council will inspect the laneway and request information from statutory authorities, such as Yarra Valley, to determine if they have any assets in the laneway and if they agree with the proposal.
If the authorities agree with the proposal to close the laneway, Council will consult with all owners abutting the laneway asking for their views on the matter. This is usually done by mailing a survey letter.
If there is general agreement from owners abutting the laneway, a report will be presented to Council asking that formal procedures to sell the right of way begin. Advertising in newspapers takes place at this time and owners abutting the laneway have an opportunity to make formal submissions to Council.
Council considers any submissions and makes a final decision to either sell the right of way or leave it as is.
Discontinued roads are usually offered for sale, in equal proportions, to those properties that abut the laneway. If an abutting owner does not wish to take up Council's offer to acquire an allotment then that portion is offered to the other abutting property until agreement is reached.
The purchase costs for the land include the current market value of the land which is determined by a valuer and transfer fees. The sale of this land attracts GST which is payable in addition to the price.
The process to close a right of way generally takes between six to nine months to complete.
